Last week saw a May 2019 case against Symantec follow the path of most defendants in Akoloutheo, LLC’s first litigation campaign: quick dismissal with prejudice (following a notice of settlement). However, the week also saw the NPE file a new suit in the Eastern District of Texas, against IBM (4:19-cv-00551), as it awaits a decision from District Judge Amos L. Mazzant whether to grant a motion to transfer filed in an earlier case there, against Thoughtspot, to the Northern District of California. Thoughtspot’s would be the second case in the campaign to persist meaningfully past the pleadings stage; a Texas suit filed roughly one year ago, against Blackrock (NetScout Systems), has proceeded into discovery, with a claim construction hearing before Judge Mazzant currently set for October 30 of this year.
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